Ordinance No. 21-11

An ordinance amending Sections 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-29.2.B and 15-29.4 of the Land Development Ordinance of the Township of Randolph

WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq., grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Sections 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-29.2.B and 15-29.4 of the Land Development Ordinance of the Township of Randolph to permit outdoor dining under certain circumstances in the B-2 Regional Business District, B-2 ENV Regional Business District B Environmental Restrictions and B-4 General Commercial District.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 15-27.2.B of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

3. Outdoor dining areas associated with restaurants and limited-service restaurants. Seating for outdoor dining shall not exceed 16 seats or 20 percent of the indoor seating, whichever is greater. There shall be no limitation on the number of seats for outdoor dining at limited-service restaurants with no indoor seating whose primary business involves the seasonal service of ice cream. Outdoor dining shall not be conducted after 10:00 p.m. except that outdoor dining shall be permitted until 11:00 p.m. (i) if the primary business of the limited-service restaurant involves the seasonal service of ice cream; or (ii) if the designated outdoor dining area is located between the restaurant building or limited-service restaurant building and a major arterial road as that term is defined in the Township of Randolph’s Master Plan. An application may be made for permission to operate beyond the time periods listed above if the applicant demonstrates to the satisfaction of the appropriate Board as set forth below in a written analysis that site conditions allow sound generated from outdoor dining to be in compliance with Section 15-49.12 (Noise) of the Land Development Ordinance of the Township of Randolph. Such an application shall be made as follows: (1) to the Planning Board if there is no application pending before either the Planning Board or Board of Adjustment; (2) to the Planning Board if there is an application pending before the Planning Board; or (3) to the Board of Adjustment if there is an application pending before the Board of Adjustment.

SECTION TWO. Section 15-27.4 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

J. Outdoor dining areas shall be permitted in all yards and shall comply with the front yard requirement, accessory structure side and rear yard requirements and buffer requirements.

SECTION THREE. Section 15-27A.2.B of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

3. Outdoor dining areas associated with restaurants and limited-service restaurants. Seating for outdoor dining shall not exceed 16 seats or 20 percent of the indoor seating, whichever is greater. Outdoor dining shall not be conducted after 10:00 p.m. except that outdoor dining shall be permitted until 11:00 p.m. if the designated outdoor dining area is located between the restaurant building or limited-service restaurant building and a major arterial road as that term is defined in the Township of Randolph’s Master Plan. An application may be made for permission to operate beyond the time period listed above if the applicant demonstrates to the satisfaction of the appropriate Board as set forth below in a written analysis that site conditions allow sound generated from outdoor dining to be in compliance with Section 15-49.12 (Noise) of the Land Development Ordinance of the Township of Randolph. Such an application shall be made as follows: (1) to the Planning Board if there is no application pending before either the Planning Board or Board of Adjustment; (2) to the Planning Board if there is an application pending before the Planning Board; or (3) to the Board of Adjustment if there is an application pending before the Board of Adjustment.

SECTION FOUR. Section 15-27A.4 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

J. Outdoor dining areas shall be permitted in all yards and shall comply with the front yard requirement, accessory structure side and rear yard requirements and buffer requirements.

SECTION FIVE. Section 15-29.2.B of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

2. Outdoor dining areas associated with restaurants and limited-service restaurants. Seating for outdoor dining shall not exceed 16 seats or 20 percent of the indoor seating, whichever is greater. Outdoor dining shall not be conducted after 10:00 p.m. except that outdoor dining shall be permitted until 11:00 p.m. if the designated outdoor dining area is located between the restaurant building or limited-service restaurant building and a major arterial road as that term is defined in the Township of Randolph’s Master Plan. An application may be made for permission to operate beyond the time period listed above if the applicant demonstrates to the satisfaction of the appropriate Board as set forth below in a written analysis that site conditions allow sound generated from outdoor dining to be in compliance with Section 15-49.12 (Noise) of the Land Development Ordinance of the Township of Randolph. Such an application shall be made as follows: (1) to the Planning Board if there is no application pending before either the Planning Board or Board of Adjustment; (2) to the Planning Board if there is an application pending before the Planning Board; or (3) to the Board of Adjustment if there is an application pending before the Board of Adjustment.

SECTION SIX. Section 15-29.4 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

J. Outdoor dining areas shall be permitted in all yards and shall comply with the front yard requirement, accessory structure side and rear yard requirements and buffer requirements.

SECTION SEVEN. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION EIGHT. This Ordinance may be renumbered for codification purposes.

SECTION NINE. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION TEN. This Ordinance shall take effect 20 days after passage and publication as provided by law.

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-29.2.B And 15-29.4 Of The Land Development Ordinance of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on October 4, 2011 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on November 3, 2011 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Sections 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-29.2.B and 15-29.4 of the Land Development Ordinance of the Township of Randolph to permit outdoor dining under certain circumstances in the B-2 Regional Business District, B-2ENV Regional Business District B Environmental Restrictions and B-4 General Commercial District.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

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Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey